United States Fifth Circuit

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US v. Valencia, 08-20546

Defendants' wire fraud convictions arising from alleged efforts to manipulate natural gas markets are affirmed where: 1) the extensive, incriminating in-court testimony provided by a witness and others, in conjunction with inculpatory, properly admitted exhibits, heavily dampened the magnitude of whatever prejudicial effect an erroneously admitted whistle-blower letter had upon the jury; 2) because a witness's knowledge and analysis were derived from duties he held at defendants' employer, his opinions were admissible as testimony based upon personal knowledge and experience gained while employed there; 3) the district court did not err in allowing the government's expert to testify about the tendency of defendants' false trade reports to affect the indices published by Inside FERC and NGI.

Appellate Information

  • Decided 03/10/2010
  • Published 03/11/2010


  • PER CURIAM:, Before JOLLY, DeMOSS and PRADO, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Eileen K. Wilson (argued), John Richard Berry and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Samuel J. Buffone (argued), BuckleySandler, L.L.P., Washington, DC, Chris Flood, Flood & Flood, Houston, TX, for Valencia., Matt Edward Hennessy (argued), Houston, TX, for Singleton.